Downey Municipal Code Part 1 Peddlers and Solicitors

No peddler, solicitor, hawker, itinerant merchant, transient vendor or merchandiser or other person shall enter upon any premises within the City or ring a bell or knock on the door of any residence, dwelling, flat or apartment for the purpose of soliciting orders for the sale of or for the purpose of selling goods, wares, merchandise, newspapers, books, periodicals, magazines, insurance, stocks, or accounts, services, or any other thing or for the purpose of advertising or demonstrating the same or for the purpose of disposing of or peddling the same, or for the purpose of buying, or soliciting the sale of any junk, rags, bottles, old metal or other similar items for salvage without first having received from the Chief of Police a permit to conduct or carry on such activity, business or enterprise.

Notwithstanding any of the provisions of this section to the contrary, no person licensed under and pursuant to the provisions of Chapter 5, Part 2, Division 1 of the Insurance Code of the State of California or any person licensed under and pursuant to the provisions of Chapter 1, Part 1, Division 4, Section 10000, of the Business and Professions Code of the State of California pertaining to licensing of real estate brokers and sales agent shall be required to obtain a permit pursuant to the provisions of this section.

Provided, however, that the provisions of this section shall not apply to newspaper carriers 18 years of age or under who also act as solicitors and collectors for their own districts.

(Amended by Ord. 313, adopted 10-10-66; Ord. 795, adopted 7-9-85)

No person shall do any of the things referred to in Section 6500, except between the hours of 9:00 a.m. and 7:00 p.m. Monday through Saturday.

(Amended by Ord. 314, adopted 10-10-66)

No person shall pursue solicitation, as defined in Section 6500, at any house, apartment or other dwelling where there is affixed or posted, at or near the main entry thereof, a sign indicating "No Solicitors," or similar indication that no solicitation contact is desired by the occupant thereof.

(Added by Ord. 794, adopted 6-11-85)

Every home solicitation transaction shall be subject to the following:

(1) The consumer may, within a reasonable time, but not to exceed 20 days following delivery:

(a) Cancel the order;

(b) Refuse to accept the goods when delivered, without obligation to pay for them; or

(c) Return the goods to the seller and receive a full refund for any amount the consumer has paid; and

(2) (2) The consumer's right of cancel the order, refuse delivery or return the goods, without obligation or charge, shall be clearly and legibly printed on the face or reverse side of the sales ticket, or clearly and legibly printed in or on the package. Compliance with this request shall be demonstrated at the time the permit is issued.

(Added by Ord. 794, adopted 6-11-85)

It shall be unlawful for solicitors, peddlers or persons soliciting for any purposes to:

(a) Use any deceptive plan or scheme;

(b) Fail to disclose to the prospective customer, at the outset, his or her name and the company and product line he or she represents;

(c) Fail to show upon request, company identification setting forth his or her name and the company's name and address;

(d) Misrepresent the right of a buyer to rescind or cancel a sale under prevailing law;

(e) Make any material misrepresentations as to affiliation, connection or association with or certification by another;

(f) Represent that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or qualities that they do not have or that a person has sponsorship, approval, status, qualification, affiliation or connection that he or she does not have;

(g) Represent that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;

(h) Make false or misleading representations of fact concerning the reasons for existence of, or amounts of price reductions;

(i) Fail to immediately leave a dwelling, house, apartment, residence or place of business in an orderly fashion after having been requested to do so by the owner or occupant thereof;

(j) Impede the free use of sidewalks and streets by pedestrians and vehicles;

(k) Make any loud noise or use any sound amplifying device to attract customers if the noise produced is capable of being plainly heard outside a one hundred (100') foot radius of the source; or

(l) Cause rubbish or litter to be deposited in or around the area in which he or she is conducting business.

(Added by Ord. 794, adopted 6-11-85)